How the Ohio Head of Household Exemption Protects Your Wages
If you’re the main provider for your family, wage garnishment can be devastating. Protecting your income is crucial to ensure you have sufficient funds to cover your living expenses. So how does the head of household exemption work in Ohio?
In Ohio, individuals who financially support dependents may claim a head of household exemption to reduce or eliminate wage garnishment.
As an expert in Ohio wage garnishment laws, I’ll explain exactly how this exemption works, who qualifies, and how to assert your legal rights to keep more of your paycheck.
What Is the Head of Household Exemption?
The head of household exemption is a legal protection under Ohio law that can limit or stop creditors from garnishing your wages. This exemption is based on your role as the primary financial provider for one or more dependents.
Under Ohio law, certain types of income, such as Social Security benefits and unemployment benefits, are classified as exempt sources from wage garnishment.
Ohio Revised Code § 2716.02 allows individuals to request a garnishment hearing to claim this exemption, potentially reducing the garnishment amount or eliminating it entirely.
Key Terms to Know
- Head of Household: A person who provides more than 50% of financial support for a dependent.
- Dependent: A spouse, child, elderly parent, or another person who relies on you financially.
- Exemption: A legal shield that protects a portion—or all—of your income from garnishment.
- Request for Hearing: The form used to challenge a garnishment and claim the exemption.
Why This Exemption Matters for Ohio Families
If you’re supporting children, a spouse, or aging parents, a wage garnishment could jeopardize your ability to pay rent, buy food, or cover healthcare costs. The current federal minimum wage of $7.25 per hour is used as a baseline for calculating the percentage of earnings that can be garnished. Ohio’s exemption was designed to protect low- to moderate-income households from falling deeper into financial crisis.
Common Scenarios Where This Applies
- Single parents with full custody
- Households relying on one working adult
- Elder caregivers supporting retired or disabled parents
- Married individuals where one spouse is unemployed or underemployed
Even if a court has issued a valid wage garnishment order, you still have the right to challenge it based on household hardship.
Step-by-Step Guide to Claiming the Head of Household Exemption in Ohio
To protect your income, follow these steps quickly—Ohio law sets strict deadlines for responding to garnishment orders.
1. Review the Garnishment Notice
When you receive a wage garnishment notice from your employer or the court, understand that it is issued based on a court order. Look for the attached Form 20: Request for Hearing. You have 5 business days to respond.
2. Complete the Request for Hearing Form
Check the box that allows you to dispute the garnishment and claim an exemption. You may also need to file an answer explaining your position to the court. Clearly state that you are the head of household and list your dependents.
3. Gather Proof of Support
You must show that you provide more than half of the financial support for your dependent(s). Acceptable evidence includes:
- Tax returns listing your dependents
- Utility bills or rent in your name
- Bank statements showing household expenses
- Pay stubs verifying income
- Veterans benefits documentation showing protected income
4. File the Form with the Court
Submit your completed Form 20 and supporting documents to the same court that issued the garnishment order. This must be done within five business days of receiving notice.
5. Attend the Hearing
The court will schedule a hearing to review your case. Be prepared to explain your financial responsibilities and present documents to back up your claim.
6. Wait for a Ruling
If the judge agrees that garnishment creates an undue burden or you meet the head of household criteria, the garnishment may be:
- Reduced
- Paused temporarily
- Eliminated entirely
Alternatives If You Don’t Qualify for the Exemption
If the court denies your exemption or you don’t qualify, you still have other options to reduce or stop wage garnishment:
- Negotiate a payment plan with the creditor
- Settle the debt for a lower amount
- File for bankruptcy, which triggers an automatic stay
- Request a hardship exemption for other reasons (e.g., illness, disability)
Head of Household vs Other Garnishment Protections in Ohio
Here’s how the head of household exemption compares to other wage protections in the state:
| Exemption Type | Who Qualifies | Garnishment Impact | How to Claim |
|---|---|---|---|
| Head of Household | Supports 50%+ of dependent needs | Can stop or reduce garnishment | File Form 20 + attend hearing |
| Hardship Exemption | Proves severe financial impact | May reduce garnishment | Request hearing |
| Bankruptcy Stay | Files for Chapter 7 or 13 | Immediately stops garnishment | File bankruptcy petition. Seeking legal assistance from experienced attorneys in bankruptcy law can help prevent garnishment. |
| Statutory Exemption | Earns less than 30x minimum wage | Limits amount garnished | Automatic upon wage review |
Ohio Laws Governing the Exemption
Ohio’s garnishment laws are detailed under Ohio Revised Code Title XXVII, Chapter 2716. The code sets specific protections for heads of household and outlines the procedure for contesting garnishment. State law plays a crucial role in determining the qualification criteria for exemptions.
- Maximum garnishment is the lesser of 25% of disposable income or the amount by which earnings exceed 30x the federal minimum wage
- The head of household exemption is considered on a case-by-case basis during a hearing
- Creditors must follow due process before garnishment can begin
Real-World Examples of the Head of Household Exemption in Ohio Courts
Understanding how courts evaluate head of household exemption claims helps you prepare and sets realistic expectations.
Ohio courts evaluate each case individually based on evidence, financial hardship, and legal criteria. Some claims succeed—others don’t—depending on how well the claimant demonstrates support of dependents.
Public Case Examples (Summarized)
- Case 1 – Exemption Approved:
A single mother in Franklin County supported two minor children and submitted three years of tax returns, childcare receipts, and a monthly budget. The court found garnishment would create undue hardship and granted a full exemption. - Case 2 – Exemption Denied:
In Cuyahoga County, a claimant attempted to claim their adult roommate as a dependent but couldn’t show financial dependency. The judge ruled the person was not a legal dependent and allowed garnishment to continue. - Case 3 – Garnishment Reduced:
A married man in Hamilton County with a disabled spouse and one child provided partial documentation. While he didn’t meet all criteria for a full exemption, the judge reduced garnishment from 25% to 10% based on documented need.
Takeaway: Courts expect detailed, well-organized documentation. When in doubt, consult a local attorney or legal aid service to improve your odds.
How to Prepare for a Wage Garnishment Exemption Hearing in Ohio
Being organized and prepared is critical when requesting a wage garnishment exemption based on head of household status.
You only get one chance to present your case—prepare your documents, understand your rights, and make a clear argument.
Pre-Hearing Checklist
- ✅ Completed Form 20 – Request for Hearing
- ✅ Recent federal tax returns showing dependents
- ✅ Proof of income (pay stubs from the past 30–60 days)
- ✅ Household bills: utilities, rent, food expenses
- ✅ Medical expenses (if relevant to dependents’ care)
- ✅ Bank statements verifying financial activity
- ✅ Letters or affidavits from schools, doctors, or other support services
Tips for Success in Court
- Be respectful and concise when explaining your situation.
- Stick to facts: focus on numbers, not emotions.
- Bring copies of everything in case the judge or opposing party requests them.
- Dress appropriately and show up early.
After the hearing, the judge may issue a decision immediately or notify you by mail. If denied, consider your appeal options or speak with an attorney about alternative forms of relief, including bankruptcy.
Helpful Resource: Legal Aid Society of Ohio can assist in preparing for exemption hearings at no cost for qualified residents.
Take Action to Protect Your Paycheck
Don’t wait for your wages to disappear—act immediately if you receive a garnishment notice and believe you qualify as head of household. You only have 5 business days to respond, and missing this deadline could result in automatic wage withholding.
Need help? Speak with a qualified Ohio debt relief attorney or contact a local legal aid organization for assistance asserting your rights.
Resources
- Ohio Revised Code § 2716.02 – Wage Garnishment and Exemptions
- Franklin County Garnishment Assistance
- Ohio Legal Help – Garnishment FAQ
- Form 20: Request for Hearing
- How Wage Garnishment Works in Ohio
- How to Stop Wage Garnishment in Ohio
Frequently Asked Questions
How much can be garnished if I’m the head of household in Ohio?
If approved, your garnishment may be reduced or stopped entirely. The court will consider your disposable earnings when determining the garnishment amount. The court will also consider your financial situation and your dependents’ needs.
What qualifies as a dependent under Ohio law?
A dependent is someone—child, spouse, or elderly parent—who relies on you for more than half of their financial support.
Is the head of household exemption automatic?
No. You must request it by filing Form 20 within 5 business days of receiving the garnishment notice.
Can I be denied the exemption?
Yes. If the court finds you do not provide sufficient support, or your documentation is insufficient, the exemption may be denied.
Does this apply to all types of debt?
No. Some debts, like child support or federal student loans, are not subject to this exemption and may follow different garnishment rules.
